Citation : 2021 Latest Caselaw 21902 Ker
Judgement Date : 3 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 3RD DAY OF NOVEMBER 2021/12TH KARTHIKA, 1943
RP NO. 364 OF 2021
AGAINST THE JUDGMENT IN WP(C) 7634/2021 OF HIGH COURT OF
KERALA, ERNAKULAM
REVIEW PETITIONER/PETITIONER:
RENJI PRASAD
S/O. P.P. RAJENDRA PRASAD,
VACHIPURACKAL KARTHIKA,
AYAMANAM P.O., KOTTAYAM-686015.
BY ADV E.A.BIJUMON
RESPONDENT/RESPONDENT:
UCO BANK,
REPRESENTED BY THE AUTHORIZED OFFICER,
ZONAL OFFICE, 39/3720 F,
S.R. COMPLEX, REVIPURAM,
VALANJAMBALAM, ERNAKULAM-682036.
BY ADV.H.RAMANAN, SC
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
03.11.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
R.P. No.364/21 -:2:-
BECHU KURIAN THOMAS, J.
------------------------------------
R.P. No.364 of 2021
IN
W.P.(C) No.7634 of 2021
--------------------------------------
Dated this the 3rd day of November, 2021
ORDER
Learned counsel for the review petitioner seeks for a review of
the judgment dated 24.3.2021 in W.P.(C) No.7634 of 2021, alleging
that there is an error apparent on the face of the record in so far as
this Court included a condition while directing consideration of one
time settlement proposal to be made by the review petitioner. The
condition imposed was that once the bank takes a decision on the
settlement proposal submitted by the review petitioner, the said
decision shall be binding and will not be questioned by the review
petitioner in any court or forum.
2. On a consideration of the submissions made across the Bar
by the learned counsel for the review petitioner as well as the learned
counsel for the respondent, I am of the view that there is no error
apparent on the face of the record entitling this Court to review the
judgment. On a perusal of the judgment, it is noticed that the very
direction to consider the settlement proposal by the bank was itself
issued on the basis of the condition that review petitioner shall not
question the decision taken by the bank. The said condition was
intrinsic to the directions issued and it cannot be regarded as an error
apparent on the face of the record.
Hence this review petition is dismissed.
Sd/-
BECHU KURIAN THOMAS JUDGE vps
APPENDIX
PETITIONER'S/S' APPENDIX
ANN.A1 TRUE COPY OF THE OTS PROPOSAL DATED 25.03.2021 ANN.A2 TRUE COPY OF THE OTS REJECTION LETTER DATED 25.03.2021
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